Ordered that the judgment is reversed, on the law, and a new trial is ordered. The facts have been considered and are determined to have been established.
The defendant's conviction of murder in the second degree pursuant to Penal Law § 125.25 (2), i.e., "depraved indifference" murder, arose out of the fatal stabbing of one Mary Ann Meola, either on January 7, 1989, or during the early morning hours of January 8, 1989. The proof of the defendant's guilt was based...
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